NE Real Estate study materials
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NE Real Estate: Transfer of Title, Deeds, Recording, and Title Assurance

NE Real Estate · Work through your exam, one topic at a time.

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Transfer of Title, Deeds, Recording, and Title Assurance

Voluntary and involuntary transfer

Voluntary transfer happens by deed, will, or contract; involuntary transfer by foreclosure, tax sale, adverse possession, escheat, bankruptcy, or condemnation.

Deed essentials. Competent grantor, identifiable grantee, words of conveyance, legal description sufficient to identify the land, execution by the grantor (and, for recording, acknowledgment), and - critically - delivery with intent to convey and acceptance by the grantee. Recording is not required to pass title; it protects priority.

Deed types. General warranty deeds carry present covenants (seisin, right to convey, against encumbrances) and future covenants (quiet enjoyment, warranty, further assurances). Special warranty deeds limit the grantor's promises to defects arising during the grantor's ownership. Bargain-and-sale deeds convey with minimal warranty; quitclaim deeds convey only whatever interest the grantor happens to hold, with no promises at all.

Recording. Nebraska follows a race-notice rule: a later purchaser who takes for value, without notice (actual, constructive, or inquiry) of a prior unrecorded interest, and who records first, prevails. Chain of title, constructive notice from the record, and inquiry notice from visible conditions all matter.

Title assurance. Title search and abstract, attorney's opinion, owner's and lender's title insurance policies with schedules of exceptions, survey matters, and quiet title actions. Torrens registration is not the Nebraska system.

Worked example

Owner deeds to Buyer A, who does not record. Owner then deeds to Buyer B, who pays value, has no notice, and records immediately. Under race-notice, Buyer B prevails over Buyer A.

Rule of thumb: delivery passes title; recording decides who wins the fight.